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HomeMy WebLinkAboutReso 2000-288 RESOLUTION NO. 2000- ^~B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR AFTER- THE-FACT APPROVAL OF A CONTRACT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND TROPIC LANDSCAPING AND LAWN MAINTENANCE FOR THE EXCAVATION OF COLLINS AVENUE MEDIANS, IN AN AMOUNT NOT TO EXCEED $24,900.00, ATTACHED HERETO AS COMPOSITE EXHIBIT "A"; PROVIDING AUTHORIZATION TO THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is now ready to prepare the Collins Avenue medians for interim landscaping; and WHEREAS, it is necessary to remove approximately four (4) inches of concrete and dirt from the Collins Avenue medians so that an irrigation system and subsequent landscaping can be planted; WHEREAS, Tropic Landscaping and Lawn Maintenance, Inc. has submitted a competitive bid, in accordance with City Ordinance No. 2000-101, to perform said excavating services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Contract. The contract by and between the City of Sunny Isles Beach and Tropic Landscaping and Lawn Maintenance for the excavating of Collins A venue medians, in an amount not to exceed Twenty-Four Thousand Nine Hundred Dollars ($24,900.00), attached hereto as Composite Exhibit "A", be and the same is hereby approved. Section 2. Authorization of the City Manager. The City Manager is hereby provided after-the- fact authorization to do all things necessary to effectuate the agreement. Section 3. Effective Date. This resolution shall be effective upon ad PASSED AND ADOPTED this 15th day of November, 200 . David Samson, Mayor A TrEST: ~~lk Richard Btown-Morifia, City Clerk Page 1 of2 Excavation Of Collins Ave Medians After-The-Fact APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ ~ y M. annheisser, City Attorney Vote: 5-0 Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky v (Yes) "-"(Yes) V(Yes) l/'tYes) V(Yes) Excavation Of Collins Ave Medians After-The-Fact Moved by: Seconded by: Page 2 of2 c. 0 mr\'\ \ SS\ 0 rO~E.T~t<<<-? (t O'rnm\ S.S.II)N~ t<AUFF'1AAtU _(No) _(No) _(No) _(No) _(No) Exhibit "A" CITY OF SUNNY ISLES BEACH DIRT REMOVAL & TREE RELOCATION AGREEMENT THIS AGREEMENT ("Agreement"), made this \ b~ day of ~bu.t~ , 2000, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation, hereinafter called the "City" and TROPIC LANDSCAPING & LAWN MAINTENANCE, hereinafter called "Contractor. " WHEREAS, the City maintains the Collins Avenue medians within the City's limits; and WHEREAS, the City desires to contract with Contractor to provide the services described in Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1. Services. Contractor agrees to furnish all labor and materials in a good and workmanlike and. professional manner, to perform the work designated in Exhibit "A" attached hereto, which is incorporated herein by reference. The services described in Exhibit "A" shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative inspect the Property on a regular basis to ensure all services are being performed in accordance with Exhibit "A" and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to Property, improvements and persons at the Property. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those services and any damages the City may suffer as a result of the failure of performance by Contractor. 2. Additional Services. If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 3. Payment for Vendor's Services. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Exhibit "A". Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. The City Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and Page 1 of 4 Dirt Removal & Tree Relocaton - Tropic Landscaping & Lawn withhold payment on the contested amounts until they are resolved by agreement with Contractor. 4. Insurance. (a) Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 5. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 6. Compliance with Law. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 7. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, Page 2 of4 Dirt Removal & Tree Relocaton - Tropic Landscaping & Lawn including death, to any person and destruction of property resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 8. Assil!nment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 9. Term. The term of the Contract shall commence on November 1, 2000, and shall continue until November 15, 2000. The City shall have the right to cancel this Agreement, at any time during t~e term hereof, upon thirty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The terms of paragraphs 7 and 8 hereof shall survive termination of this Agreement. 10. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City to Christopher J. Russo - City Manager, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is Tropic Landscaping & Lawn Maintenance, Inc. 17973 S. W. 24/fh Street, Homestead, Florida 33031. 11. Governinl! Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 12. Miscellaneous. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in Page 3 of4 Dirt Removal & Tree Relocaton - Tropic Landscaping & Lawn multiple identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. ~~ c:/ TROPIC LANDSCAPING & LAWN MAINTENANCE,INC.: ~.-?~U/_ / //. /. Uba WITNESSES: /~14 CIT~SLES BEACH BY: - /4v ChrIstopher J. Russo, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY B . ynn M. Dannheisser, City Attorney City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 4 of4 Dirt Removal & Tree Relocaton - Tropic Landscaping & Lawn ~"'. . <:';;' EXHIBIT "A" ~; :~p~_&~.;nte~'IPC I. rtori,eSt~li6ii~..~. .. . . I. . lOS-*'<t!A.l':;~~~S.3169 t i.-~t~~.~~..c ._,.___.m,. ~..': ...iCity.~'~~.':":~ ----. __...:2._~~;__._J it. i 17070~~(~;.SlJite'150 I.f ."s~~'~.I'~~~o I" I'.. .~t.....':;if~.'....,..._-_.~..:. . . Z . I '" .,- ' . , ~'-'----"7'-~-:-"""-"'''~':~~~~:'':-:-'- . .', ----.---~. ..'-- ..~--.--- _.._-~- "'T---'..--'----~...--. ..:.:7J-~~-.--.-,...:~-,------1 .~. : . i. '.... ,. : tON '., QTY ' RArE..";' TOTAL .,.::. !Avl'nue4t1~.~~;,~~jo'.aread~t~by ".' :.' . , ";' i Public W~;.'.__~f,an tips with. . :.. \ !: t l '-.: [,BaCkhoe." '.' . f<):; ':" :' t.: ! t'! Subt<nal fat~4:;;; .... 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